II 

112TH CONGRESS 

1ST SESSION S. 973 

To create the National Endowment for the Oceans to promote the protection 

and conservation of United States ocean, coastal, and Great Lakes ecosystems, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. WHITEHOUSE (for himself, Ms. SNOWE, Mr. ROCKEFELLER, Mr. NELSON

of Florida, Ms. LANDRIEU, and Ms. STABENOW) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To create the National Endowment for the Oceans to promote the protection and conservation of United States 

ocean, coastal, and Great Lakes ecosystems, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Endowment for the Oceans Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

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Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Findings. 

Sec. 4. Definitions. 

Sec. 5. National Endowment for the Oceans. 

Sec. 6. Eligible uses. 

Sec. 7. Grant programs. 

Sec. 8. National Endowment for the Oceans Council. 

Sec. 9. Annual report. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are to protect, conserve, re3 store, and understand the oceans, coasts, and Great Lakes 

4 of the United States, ensuring present and future genera5 tions will benefit from the full range of ecological, eco6 nomic, educational, social, cultural, nutritional, and rec7 reational opportunities and services these resources are ca8 pable of providing. 

9 SEC. 3. FINDINGS. 

10 Congress finds the following: 

11 (1) Covering more than two-thirds of the 

12 Earth’s surface, the oceans and Great Lakes sustain 

13 a large part of Earth’s biodiversity, provide an im14 portant source of food and other natural products, 

15 act as a frontier for scientific exploration, are crit16 ical to national security and economic well-being, 

17 and are a vital means of transportation. 

18 (2) The coastal regions of the United States 

19 have high biological productivity and contribute ap20 proximately 50 percent of the gross domestic prod21 uct of the United States. 

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1 (3) The oceans, coasts, and Great Lakes are 

2 susceptible to change as a direct and indirect result 

3 of human activities, which can inhibit ecosystem in4 tegrity and productivity, biodiversity, environmental 

5 quality, national security, economic competitiveness, 

6 availability of energy, resistance to natural hazards, 

7 and transportation safety and efficiency. 

8 (4) Human pressure on ocean, coastal, and 

9 Great Lakes resources is drastically increasing, with 

10 50 percent of the population of the United States 

11 living within 50 miles of the coast and, if population 

12 trends continue as expected, coastal development 

13 and urbanization impacts will present serious chal14 lenges and increase our vulnerability to natural haz15 ards. 

16 (5) The oceans, coasts, and Great Lakes, and 

17 their resources are held in trust for the people of the 

18 United States by Federal, State, local, and tribal 

19 governments, and their conservation benefits present 

20 and future generations. 

21 (6) A variety of human activities have caused 

22 dramatic declines in the health and productivity of 

23 ocean, coastal, and Great Lakes ecosystems of the 

24 United States, including— 

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1 (A) chemical, nutrient, thermal, and bio2 logical pollution, including the introduction of 

3 invasive species, and the introduction of marine 

4 debris; 

5 (B) unwise land use and coastal develop6 ment; 

7 (C) loss and degradation of habitat, includ8 ing upstream freshwater habitat for anad9 romous, diadromous, and migratory fish spe10 cies; 

11 (D) overfishing and bycatch of nontarget 

12 marine species; and 

13 (E) global climate change and ocean acidi14 fication. 

15 (7) Activities harming ocean, coastal, and Great 

16 Lakes ecosystems jeopardize the economies and so17 cial structure of communities dependent on re18 sources from such ecosystems. 

19 (8) While there is an abundance of Federal, 

20 State, local, and tribal laws, government agencies, 

21 and programs designed to study, observe, protect, 

22 and manage ocean, coastal, and Great Lakes re23 sources, activities thereunder are poorly coordinated 

24 and do not constitute a unified and comprehensive 

25 public policy to enhance understanding, protection, 

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1 conservation, and restoration of the oceans, coasts, 

2 and Great Lakes. 

3 (9) Improving and coordinating Federal govern4 ance will require close partnership with States, tak5 ing into account their public trust responsibilities, 

6 their economic and ecological interests in ocean, 

7 coastal, and Great Lakes resources, and the role of 

8 State and local governments in the implementation 

9 of policies governing their use. 

10 (10) It is the continuing mission of the Federal 

11 Government to create, foster, and maintain condi12 tions, incentives, policies, and programs that will fa13 cilitate the sustainable and effective conservation, 

14 management, and protection of the oceans, coasts, 

15 and Great Lakes, and encourage greater scientific 

16 understanding of these areas, to fulfill the responsi17 bility of each generation as trustee in protecting the 

18 resources in these areas and ensuring their avail19 ability for future generations. 

20 (11) The oceans, coasts, and Great Lakes of 

21 the United States, and their resources are dependent 

22 upon and connected to those of other countries 

23 throughout the world, and collaboration with inter24 national bodies and governments will help protect 

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1 systems and resources for the benefit of the world’s 

2 population. 

3 (12) Programs that facilitate greater collabora4 tion and coordination among stakeholders and 

5 strengthen the relationship between governmental 

6 and nongovernmental partners will support our un7 derstanding of complex ecosystems and more effec8 tively leverage existing resources and expertise. 

9 (13) Supporting science, research, monitoring, 

10 modeling, forecasting, exploration, and assessment 

11 will continually improve the understanding of ocean, 

12 coastal, and Great Lakes ecosystems. 

13 SEC. 4. DEFINITIONS. 

14 In this Act: 

15 (1) COASTAL POPULATION.—The term ‘‘coastal 

16 population’’ means the population of all political 

17 subdivisions, as determined by the most recent offi18 cial data of the Census Bureau, contained in whole 

19 or in part within the designated coastal boundary of 

20 a State as defined in a State’s coastal zone manage21 ment program under the Coastal Zone Management 

22 Act of 1972 (16 U.S.C. 1451 et seq.) as of the date 

23 of enactment of this Act. 

24 (2) COASTAL STATE.—The term ‘‘coastal 

25 State’’ has the meaning given the term ‘‘coastal 

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1 state’’ in section 304 of the Coastal Zone Manage2 ment Act of 1972 (16 U.S.C. 1453). 

3 (3) COUNCIL.—The term ‘‘Council’’ means the 

4 National Endowment for the Oceans Council estab5 lished under section 8. 

6 (4) ENDOWMENT.—The term ‘‘Endowment’’ 

7 means the National Endowment for the Oceans es8 tablished under section 5. 

9 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the meaning given that term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 450b). 

13 (6) LOCAL GOVERNMENT.—The term ‘‘local 

14 government’’ means a political subdivision all or part 

15 of which is within a coastal zone (as defined in sec16 tion 304 of the Coastal Zone Management Act of 

17 1972 (16 U.S.C. 1453)). 

18 (7) OUTER CONTINENTAL SHELF.—The term 

19 ‘‘outer Continental Shelf’’ has the meaning given 

20 that term in section 2 of the Outer Continental 

21 Shelf Lands Act (43 U.S.C. 1331). 

22 (8) REGIONAL PLANNING BODY.—The term 

23 ‘‘regional planning body’’ means a regional entity 

24 that includes representatives of Federal and State 

25 agencies and, if applicable, Indian tribes and indigemstockstill on DSKH9S0YB1PROD with BILLS

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1 nous community representatives, with jurisdictional 

2 responsibilities or other interests (such as resource 

3 management, science, homeland and national secu4 rity, transportation, and public health) for the devel5 opment and implementation of regional coordination 

6 and planning to understand, protect, maintain, and 

7 restore ocean, coastal, and Great Lakes ecosystems. 

8 (9) SECRETARY.—Except as otherwise specifi9 cally provided, the term ‘‘Secretary’’ means the Sec10 retary of Commerce. 

11 (10) TIDAL SHORELINE.—The term ‘‘tidal 

12 shoreline’’ has the meaning given that term pursu13 ant to section 923.110(c)(2)(i) of title 15, Code of 

14 Federal Regulations or a similar successor regula15 tion. 

16 SEC. 5. NATIONAL ENDOWMENT FOR THE OCEANS. 

17 (a) ESTABLISHMENT.—There is established in the 

18 Treasury of the United States a National Endowment for 

19 the Oceans, to be administered by the Secretary, solely 

20 for use in accordance with the requirements established 

21 under this Act. 

22 (b) USE OF ENDOWMENT FUNDS.—Of the amounts 

23 deposited in the Endowment for each fiscal year— 

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1 (1) at least 49 percent shall be used by the Sec2 retary to make grants to coastal States and affected 

3 Indian tribes under section 7(b); 

4 (2) at least 19 percent shall be used by the Sec5 retary to make grants to regional planning bodies 

6 under section 7(c); 

7 (3) at least 29 percent shall be allocated by the 

8 Secretary to the National Grant Program for 

9 Oceans, Coasts, and Great Lakes established by sec10 tion 7(d); and 

11 (4) not more than 3 percent may be used for 

12 administrative expenses to carry out the programs 

13 created under this Act. 

14 (c) FUNDING.— 

15 (1) INTEREST ON OSLTF INVESTMENTS.— 

16 (A) IN GENERAL.—Notwithstanding any 

17 other provision of law, amounts credited under 

18 section 9602(b) of the Internal Revenue Code 

19 of 1986 to the Oil Spill Liability Trust Fund 

20 established under section 9509(a) of such Code 

21 for any fiscal year beginning after fiscal year 

22 2011 in which the average daily balance of the 

23 Fund is $1,500,000,000 or more shall be trans24 ferred to the Endowment. 

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1 (B) AVAILABILITY OF FUNDS.—Amounts 

2 transferred to the Endowment under subpara3 graph (A) shall be available— 

4 (i) not later than 90 days after the 

5 last day of a fiscal year for use during the 

6 next following fiscal year; and 

7 (ii) as provided in appropriations 

8 Acts. 

9 (2) OUTER CONTINENTAL SHELF LEASE REV10 ENUE.—Section 8 of the Outer Continental Shelf 

11 Lands Act (43 U.S.C. 1337) is amended by adding 

12 at the end the following: 

13 ‘‘(q) DEPOSITS IN THE NATIONAL ENDOWMENT FOR

14 THE OCEANS.— 

15 ‘‘(1) IN GENERAL.—Beginning with fiscal year 

16 2011, the Secretary shall deposit 12.5 percent of the 

17 revenue paid to the United States under this section, 

18 excluding any such revenue from Arctic drilling that 

19 begins after the date of the enactment of the Na20 tional Endowment for the Oceans Act, in the Na21 tional Endowment for the Oceans established by sec22 tion 5(a) of that Act. 

23 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts de24 posited in the Endowment under paragraph (1) shall 

25 be available as provided in appropriations Acts.’’. 

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1 (3) FINES COLLECTED FOR VIOLATIONS OF

2 FEDERAL LAW.— 

3 (A) IN GENERAL.—Beginning with fiscal 

4 year 2011, the President shall ensure that 10 

5 percent of the civil penalties paid to the United 

6 States for a violation of a law set out under 

7 subparagraph (B) or for a violation of any re8 quirement or prohibition of any rule, order, or 

9 permit promulgated, issued, or approved under 

10 such a law that occurs on the outer Continental 

11 Shelf are deposited in the Endowment. 

12 (B) LAWS.—The laws set out under this 

13 subparagraph are the following: 

14 (i) The Federal Water Pollution Con15 trol Act (commonly referred to as the 

16 ‘‘Clean Water Act’’) (33 U.S.C. 1251 et 

17 seq.) other than penalties provided for 

18 under section 311 of such Act (33 U.S.C. 

19 1321). 

20 (ii) The Comprehensive Environ21 mental Response, Compensation, and Li22 ability Act of 1980 (42 U.S.C. 9601 et 

23 seq.). 

24 (iii) The Marine Protection, Research, 

25 and Sanctuaries Act of 1972 (commonly 

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1 known as the ‘‘Ocean Dumping Act’’) (33 

2 U.S.C. 1401 et seq.). 

3 (iv) The Oil Pollution Act of 1990 (33 

4 U.S.C. 2701 et seq.). 

5 (v) Chapter 601 of title 49, United 

6 States Code. 

7 (vi) The Act of March 3, 1899 (30 

8 Stat. 1151, chapter 425; 33 U.S.C. 401 et 

9 seq.). 

10 (C) AVAILABILITY OF FUNDS.—Amounts 

11 deposited in the Endowment under subpara12 graph (A) shall be available as provided in ap13 propriations Acts. 

14 (4) SPLIT RECOVERY FROM PUNITIVE DAMAGE

15 AWARDS.— 

16 (A) IN GENERAL.—In all Federal civil ac17 tions arising from a tort allegedly occurring on 

18 the outer Continental Shelf resulting in an 

19 award of punitive damages, 25 percent of the 

20 amount of punitive damages awarded in excess 

21 of $100,000 shall be remitted to the Endow22 ment. 

23 (B) AVAILABILITY OF FUNDS.—Amounts 

24 remitted to the Endowment pursuant to submstockstill on DSKH9S0YB1PROD with BILLS

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1 paragraph (A) shall available without further 

2 appropriation or fiscal year limitation. 

3 (d) INVESTMENT OF ENDOWMENT.— 

4 (1) IN GENERAL.—It shall be the duty of the 

5 Secretary of the Treasury to invest such portion of 

6 the Endowment that is not, in the Secretary’s judg7 ment, required to meet current withdrawals, in in8 terest-bearing obligations of the United States in ac9 cordance with section 9602 of the Internal Revenue 

10 Code of 1986. 

11 (2) INTEREST ON CERTAIN PROCEEDS.—The 

12 interest on, and the proceeds from the sale or re13 demption of, any obligations invested under para14 graph (1) shall be credited to and form a part of the 

15 Endowment. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—Begin17 ning with fiscal year 2015, there is authorized to be appro18 priated to the Endowment for any fiscal year in which the 

19 sum of the amounts authorized to be transferred to, and 

20 deposited in, the Endowment under this section is esti21 mated to be less than $100,000,000, an amount equal to 

22 the difference between $100,000,000 and the estimated 

23 amount of such transfers and deposits for such fiscal year. 

24 (f) SAVINGS PROVISION.—Nothing in this section 

25 shall decrease the amount any State may receive pursuant 

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1 to section 8(g) of the Outer Continental Shelf Lands Act 

2 (43 U.S.C. 1337(g)) or section 105 of the Gulf of Mexico 

3 Energy Security Act of 2006 (Public Law 109–432; 43 

4 U.S.C. 1331 note). 

5 SEC. 6. ELIGIBLE USES. 

6 (a) IN GENERAL.—Amounts in the Endowment may 

7 be allocated by the Secretary only to fund grants for pro8 grams and activities intended to restore, protect, main9 tain, or understand living marine resources and their habi10 tats and ocean, coastal, and Great Lakes resources, in11 cluding baseline scientific research, ocean observing, and 

12 other programs and activities carried out in coordination 

13 with Federal and State departments or agencies, that are 

14 consistent with Federal environmental laws and that avoid 

15 environmental degradation, including— 

16 (1) ocean, coastal, and Great Lakes restoration 

17 and protection, including the protection of the envi18 ronmental integrity of such areas, and their related 

19 watersheds, including efforts to adapt to and with20 stand the impacts of global climate change; 

21 (2) restoration, protection, or maintenance of 

22 living ocean, coastal, and Great Lakes resources and 

23 their habitats, including marine protected areas and 

24 riparian migratory habitat of coastal and marine 

25 species; 

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1 (3) planning for and managing coastal develop2 ment to minimize the loss of life and property asso3 ciated with global climate change and the coastal 

4 hazards resulting from global climate change; 

5 (4) analyses of current and anticipated climate 

6 change and ocean acidification and assessment of 

7 potential actions to minimize harm to ocean, coastal, 

8 and Great Lakes ecosystems from climate change 

9 and ocean acidification; 

10 (5) analyses of, and planning for, current and 

11 anticipated uses of ocean, coastal, and Great Lakes 

12 areas and identification of areas most suitable for 

13 various types of classes of activities and for restora14 tion, protection, and maintenance of ecosystem 

15 health and to reduce conflicts among uses, reduce 

16 environmental impacts, facilitate compatible uses, 

17 and preserve critical ecosystem services to meet eco18 nomic, environmental, security, and social objectives; 

19 (6) regional, subregional, and site-specific man20 agement efforts designed to manage, protect, or re21 store ocean, coastal, and Great Lakes resources and 

22 ecosystems; 

23 (7) research, assessment, monitoring, observa24 tion, modeling, and sharing of information that con25 tribute to the understanding of ocean, coastal, and 

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1 Great Lakes ecosystems and support the purposes of 

2 this Act; 

3 (8) efforts to better understand the processes 

4 that govern the fate and transport of petroleum hy5 drocarbons released into the marine environment 

6 from natural and anthropogenic sources, including 

7 spills; 

8 (9) acquiring property or interests in property 

9 in coastal and estuarine areas, if such property or 

10 interest is acquired in a manner that will ensure 

11 such property or interest will be administered to 

12 support the purposes of this Act; and 

13 (10) protection and relocation of critical coastal 

14 public infrastructure affected by erosion, sea level 

15 rise, or impacts of global climate change. 

16 (b) REQUIREMENT FOR STATE MATCHING FUNDS.— 

17 Any amount from the Endowment provided to fund a 

18 project described in paragraph (9) or (10) of subsection 

19 (a) may not exceed 50 percent of the total project cost 

20 and may only be provided if the State in which such 

21 project will be carried out provides the remainder of the 

22 total project cost. 

23 (c) CONSIDERATIONS FOR GREAT LAKES STATES.— 

24 Programs and activities funded in Great Lakes States 

25 shall also seek to attain the goals embodied in the Great 

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1 Lakes Restoration Initiative Plan, the Great Lakes Re2 gional Collaboration Strategy, the Great Lakes Water 

3 Quality Agreement, or other collaborative planning efforts 

4 of the Great Lakes Region. 

5 SEC. 7. GRANT PROGRAMS. 

6 (a) AUTHORITY OF THE SECRETARY.—The Sec7 retary, in consultation with the Secretary of the Interior, 

8 the Administrator of the Environmental Protection Agen9 cy, the Chair of the Council on Environmental Quality, 

10 the Director of the Office of Science and Technology Pol11 icy, and the Director of the National Science Foundation, 

12 shall establish and make available for public comment— 

13 (1) application and review procedures for the 

14 grant programs described in subsections (b), (c), and 

15 (d), including requirements ensuring that any 

16 amounts provided pursuant to such programs may 

17 only be used for an eligible use described under sec18 tion 6; 

19 (2) performance accountability and monitoring 

20 measures for programs and activities funded by a 

21 grant program described in subsections (b), (c), or 

22 (d); 

23 (3) procedures and methods to ensure accurate 

24 accounting and appropriate administration for each 

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1 of the grant programs described in subsections (b), 

2 (c), or (d), including standards of record keeping; 

3 (4) procedures to carry out audits of the En4 dowment as necessary, but not less frequently than 

5 once every 5 years; and 

6 (5) procedures to carry out audits of the recipi7 ents of grants under subsection (b), (c), or (d), in8 cluding States. 

9 (b) GRANTS TO COASTAL STATES.— 

10 (1) IN GENERAL.—Subject to paragraphs (2), 

11 (3), and (4), the Secretary shall make grants of 

12 amounts allocated under section 5(c)(1) to coastal 

13 States or affected Indian tribes, based on the fol14 lowing formula: 

15 (A) Fifty percent of the funds are allocated 

16 equally among coastal States that have a coast17 al management program approved under the 

18 Coastal Zone Management Act of 1972 (16 

19 U.S.C. 1451 et seq.). 

20 (B) Twenty-five percent of the funds are 

21 allocated on the basis of the ratio of tidal shore22 line miles in a coastal State to the tidal shore23 line miles of all coastal States. 

24 (C) Twenty-five percent of the funds are 

25 allocated on the basis of the ratio of coastal 

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1 population density of a coastal State to the 

2 coastal population density of all coastal States. 

3 (2) ALLOCATION TO INDIAN TRIBES.—Amounts 

4 allocated under paragraph (1)(A) shall be allocated 

5 to affected Indian tribes based on, and directly pro6 portional to, any specific coastal and ocean manage7 ment authority granted to an affected tribe pursuant 

8 to affirmation of a Federal reserved right. 

9 (3) MAXIMUM ALLOCATION TO STATES.—Not10 withstanding paragraph (1), not more than 10 per11 cent of the total funds distributed under this sub12 section may be allocated to any single State. Any 

13 amount exceeding this limit shall be redistributed 

14 among the remaining States according to the for15 mula established under paragraph (1). 

16 (4) MAXIMUM ALLOCATION TO CERTAIN GEO17 GRAPHIC AREAS.— 

18 (A) IN GENERAL.—Notwithstanding para19 graph (1), each geographic area described in 

20 subparagraph (B) may not receive more than 1 

21 percent of the total funds distributed under this 

22 subsection. Any amount exceeding this limit 

23 shall be redistributed among the remaining 

24 States according to the formula established 

25 under paragraph (1). 

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1 (B) GEOGRAPHIC AREAS DESCRIBED.— 

2 The geographic areas described in this subpara3 graph are the following: 

4 (i) American Samoa. 

5 (ii) The Commonwealth of the North6 ern Mariana Islands. 

7 (iii) Guam. 

8 (iv) Puerto Rico. 

9 (v) The Virgin Islands. 

10 (5) REQUIREMENT TO SUBMIT PLANS.—To be 

11 eligible to receive a grant under this subsection, a 

12 coastal State or Indian tribe shall submit, and the 

13 Secretary shall review— 

14 (A) a 5-year plan, which shall include— 

15 (i) a prioritized list of goals the coast16 al State or Indian tribe intends to achieve 

17 during the time period covered by the 5- 

18 year plan; 

19 (ii) identification and general descrip20 tions of existing State projects or activities 

21 that contribute to realization of such goals, 

22 including a description of the entities con23 ducting those projects or activities; 

24 (iii) general descriptions of projects or 

25 activities, consistent with the eligible uses 

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1 described in section 6 and existing Federal 

2 ocean policy, that could contribute to real3 ization of such goals; 

4 (iv) criteria to determine eligibility for 

5 entities which may receive grants under 

6 this program; and 

7 (v) a description of the competitive 

8 process the coastal State or Indian tribe 

9 will use in allocating funds received from 

10 the Endowment, which shall include— 

11 (I) a description of the relative 

12 roles in the State competitive process 

13 of the State coastal zone management 

14 program approved under the Coastal 

15 Zone Management Act of 1972 (16 

16 U.S.C. 1451 et seq.) and any State 

17 Sea Grant Program; and 

18 (II) a demonstration that such 

19 competitive process is consistent with 

20 the application and review procedures 

21 established by the Secretary pursuant 

22 to the authority set forth in sub23 section (a)(1); and 

24 (B) an annual work plan which shall in25 clude— 

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1 (i) a detailed, specific, prioritized list 

2 of projects or activities to be funded by the 

3 Endowment, and desired outcomes of those 

4 projects or activities; 

5 (ii) for each project or activity, a de6 scription of how such project or activity is 

7 consistent with the eligible uses of the En8 dowment; and 

9 (iii) for each project or activity, a 

10 schedule for completion and a description 

11 of how such project or activity helps 

12 achieve the goals established in the appli13 cable 5-year plan. 

14 (6) OPPORTUNITY FOR PUBLIC COMMENT.—In 

15 determining whether to approve a plan described in 

16 paragraph (5)(A), the Secretary shall provide the 

17 opportunity for, and take into consideration, public 

18 input and comment on the plan. 

19 (7) APPROVAL PROCEDURE.— 

20 (A) IN GENERAL.—Not later than 90 days 

21 after receiving a 5-year plan or annual work 

22 plan from a coastal State or Indian tribe, the 

23 Secretary shall notify such coastal State or In24 dian tribe that the Secretary— 

25 (i) approves the plan as submitted; 

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1 (ii) disapproves the plan as submitted; 

2 or 

3 (iii) needs up to an additional 30 days 

4 for additional review of the plan. 

5 (B) DISAPPROVAL.—If the Secretary dis6 approves a proposed 5-year plan or annual work 

7 plan, the Secretary shall provide notice of such 

8 disapproval to the submitting coastal State or 

9 Indian tribe in writing, and include in such no10 tice the rationale for the Secretary’s decision. 

11 The submitting State shall resubmit the plan to 

12 the Secretary not later than 30 days after re13 ceiving the notice of disapproval. 

14 (c) GRANTS TO REGIONAL PLANNING BODIES.— 

15 (1) IN GENERAL.—The Secretary shall use 

16 amounts allocated under section 5(c)(2) to award 

17 grants to regional planning bodies to create and im18 plement Regional Strategic Plans, as described in 

19 this subsection. 

20 (2) REQUIREMENTS FOR PLAN.—In order to be 

21 eligible to receive a grant under this subsection, a 

22 regional planning body being considered for such a 

23 grant shall submit an application that demonstrates 

24 how activities to be carried out with grant funds 

25 would facilitate the creation or implementation of a 

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1 Regional Strategic Plan, as described in this sub2 section. 

3 (3) REGIONAL STRATEGIC PLAN.— 

4 (A) REQUIREMENT.—Not later than 5 

5 years after receiving a grant under this section, 

6 each regional planning body shall prepare and 

7 submit to the Secretary for review, a Regional 

8 Strategic Plan. 

9 (B) CONTENTS.—Each Regional Strategic 

10 Plan submitted under this paragraph shall— 

11 (i) be based on initial assessments 

12 of— 

13 (I) the region’s ocean, coastal, 

14 and Great Lakes ecosystem health de15 termined through— 

16 (aa) science-based ecosystem 

17 assessments; 

18 (bb) monitoring; and 

19 (cc) forecasting physical, 

20 chemical, and biological ocean 

21 parameters; 

22 (II) the cultural and economic 

23 role of the ocean, coasts, or Great 

24 Lakes in the region; and 

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1 (III) existing, emerging, and cu2 mulative threats to ocean, coastal, and 

3 Great Lakes ecosystem health of the 

4 region; 

5 (ii) specify essential areas within the 

6 ocean, coastal, or Great Lakes region; 

7 (iii) describe short-term and long8 term— 

9 (I) goals for improving ocean, 

10 coastal, and Great Lakes ecosystem 

11 health in the region covered by the 

12 Plan; and 

13 (II) indicators of improvements 

14 in economic sustainability in the re15 gion resulting from improved eco16 system health and enhanced collabora17 tion and coordination among Federal 

18 and State agencies; 

19 (iv) include recommendations for long20 term observing and monitoring measures 

21 for the region covered by the Plan; 

22 (v) identify Federal and State priority 

23 issues within the region covered by the 

24 Plan; 

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1 (vi) describe potential management 

2 solutions and policies to address the pri3 ority issues, consistent with existing Fed4 eral ocean policy; 

5 (vii) identify research, information, 

6 and data needed to carry out the Plan; 

7 (viii) identify performance measures 

8 and benchmarks for purposes of clauses 

9 (ii) through (vi) to evaluate the Plan’s ef10 fectiveness; and 

11 (ix) define responsibilities and include 

12 an analysis of the gaps in authority, co13 ordination, and resources, including fund14 ing, that must be filled in order to fully 

15 achieve those performance measures and 

16 benchmarks. 

17 (4) PUBLIC PARTICIPATION.—Each regional 

18 planning body shall provide adequate opportunities 

19 for public input during the development of the Re20 gional Strategic Plan for the region and any revi21 sions to such Plan. 

22 (5) PLAN REVISION.—Each approved Regional 

23 Strategic Plan shall be reviewed and revised by the 

24 appropriate regional planning body at least once 

25 every 5 years. The revised Plan shall be submitted 

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1 to the Secretary for review and approval pursuant to 

2 paragraph (6). 

3 (6) APPROVAL PROCEDURE.— 

4 (A) IN GENERAL.—Not later than 90 days 

5 after receiving a Regional Strategic Plan from 

6 a regional planning body, the Secretary shall 

7 notify the regional planning body that the Sec8 retary— 

9 (i) approves the plan as submitted; 

10 (ii) disapproves the plan as submitted; 

11 or 

12 (iii) needs up to an additional 30 days 

13 to further review the plan. 

14 (B) DISAPPROVAL.—If the Secretary dis15 approves a proposed Regional Strategic Plan, 

16 the Secretary shall provide notice of such dis17 approval to the submitting regional planning 

18 body in writing, and include in such notice the 

19 rationale for the Secretary’s decision. The re20 gional planning body shall resubmit the Plan 

21 not later than 30 days after receiving such no22 tice and rationale for initial disapproval. 

23 (7) OPPORTUNITY FOR PUBLIC COMMENT.—In 

24 determining whether to approve a Regional Strategic 

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1 vide opportunity for, and take into consideration, 

2 public input and comment on such Plan from stake3 holders and the general public. 

4 (d) NATIONAL GRANTS FOR OCEANS, COASTS, AND

5 GREAT LAKES.— 

6 (1) IN GENERAL.—The Secretary may use 

7 amounts allocated under section 5(c)(3) to make 

8 grants to support activities consistent with section 6. 

9 (2) CRITERIA FOR ENTITIES.—The Secretary, 

10 in consultation with the Council, shall establish cri11 teria to determine the types of entities eligible for 

12 grants under this subsection, including— 

13 (A) coastal State, noncoastal State, local, 

14 and affected Indian tribal governments and 

15 agencies; 

16 (B) regional agencies, associations, or or17 ganizations other than regional planning bodies; 

18 (C) fishery or wildlife management organi19 zations; 

20 (D) nonprofit organizations; and 

21 (E) academic institutions. 

22 (3) APPROVAL.—The Secretary shall— 

23 (A) review the Council’s recommendations 

24 submitted under section 8(h); 

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1 (B) subject to approval, allocate amounts 

2 allocated under section 5(c)(3) on the basis of 

3 the Council’s recommendations; and 

4 (C) if the Secretary disapproves a grant 

5 recommended by the Council, explain that dis6 approval in writing. 

7 SEC. 8. NATIONAL ENDOWMENT FOR THE OCEANS COUN8 CIL. 

9 (a) ESTABLISHMENT.—Except as provided in sub10 section (j), the Secretary shall establish a National En11 dowment for the Oceans Council which shall consist of 7 

12 members with expertise in the conservation and manage13 ment of ocean, coastal, and Great Lakes ecosystems and 

14 marine resources. 

15 (b) MEMBERSHIP; APPOINTMENT.—The members of 

16 the Council shall be as follows: 

17 (1) Two representatives of the National Oceanic 

18 and Atmospheric Administration, appointed by the 

19 Administrator of the National Oceanic and Atmos20 pheric Administration. 

21 (2) One representative of the Office of Water of 

22 the Environmental Protection Agency, appointed by 

23 the Administrator of the Environmental Protection 

24 Agency. 

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1 (3) One representative of the United States 

2 Fish and Wildlife Service, appointed by the Director 

3 of the United States Fish and Wildlife Service. 

4 (4) One representative of the National Science 

5 Foundation, appointed by the Director of the Na6 tional Science Foundation. 

7 (5) One representative of the Council on Envi8 ronmental Quality, appointed by the Chair of the 

9 Council on Environmental Quality. 

10 (6) One representative of the United States Ge11 ological Survey, appointed by the Director of the 

12 United States Geological Survey. 

13 (c) TERM; VACANCY.— 

14 (1) TERM.—The term of office of a member of 

15 the Council is 5 years, except that— 

16 (A) of the members initially appointed 

17 under paragraph (1) of subsection (b), 1 shall 

18 be appointed for a term of 4 years; 

19 (B) the member initially appointed under 

20 paragraphs (2), (3), and (4) of such subsection 

21 shall be appointed for a term of 3 years; and 

22 (C) the member initially appointed under 

23 paragraph (5) of such subsection (b) shall be 

24 appointed for a term of 4 years. 

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1 (2) VACANCY.—Whenever a vacancy occurs 

2 among members of the Council, the Secretary, or the 

3 head of the appropriate agency shall appoint an indi4 vidual to fill that vacancy for the remainder of the 

5 applicable term. 

6 (d) CHAIR.— 

7 (1) IN GENERAL.—The Council shall elect a 

8 chair from among its members. 

9 (2) TERM.—The chair shall serve for a 3-year 

10 term, except that the first chair may be elected for 

11 a term of less than 3 years, as determined by the 

12 Council. 

13 (e) QUORUM.—Five members of the Council shall 

14 constitute a quorum for the transaction of business. 

15 (f) MEETINGS.— 

16 (1) IN GENERAL.—The Council shall meet at 

17 the call of the chair, but in no case less frequently 

18 than twice each year. 

19 (2) PUBLIC ACCESS.—Meetings of the Council 

20 shall be open to the public, and the chair shall take 

21 appropriate steps to provide adequate notice to the 

22 public of the time and place of such meetings. 

23 (3) FAILURE TO ATTEND.—If a Council mem24 ber misses 3 consecutively scheduled meetings, the 

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1 Secretary may revoke that member’s appointment to 

2 the Council. 

3 (g) STAFF.— 

4 (1) EMPLOYMENT.—The Secretary may employ 

5 and fix the compensation of staff, as the Council de6 termines necessary, to carry out such duties as the 

7 Council may require and, with assistance from the 

8 National Oceanic and Atmospheric Administration, 

9 facilitate consideration of grant applications and 

10 otherwise assist the Council in carrying out its re11 sponsibilities. 

12 (2) PAY AND BENEFITS.—The pay and benefits 

13 of the staff shall be derived from amounts available 

14 from the Endowment for administrative costs sub15 ject to section 5(c)(4). 

16 (3) STATUS AS FEDERAL EMPLOYEES.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (B), employees of the Council 

19 shall be considered Federal employees only for 

20 purposes of— 

21 (i) injury compensation as provided in 

22 chapter 81 of title 5, United States Code, 

23 and tort claims liability under chapter 171 

24 of title 28, United States Code; 

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1 (ii) the Ethics in Government Act of 

2 1978 (5 U.S.C. App.) and the provisions of 

3 chapter 11 of title 18, United States Code; 

4 and 

5 (iii) any other statute or regulation 

6 governing the conduct of Federal employ7 ees. 

8 (B) EXCEPTION.—Notwithstanding sub9 paragraph (A), section 208(a) of title 18, 

10 United States Code, shall not apply to such an 

11 individual if, after review of the financial disclo12 sure report filed by the individual pursuant to 

13 the Ethics in Government Act of 1978 (5 

14 U.S.C. App.), the Secretary, or the Secretary’s 

15 designee, certifies in writing that the need for 

16 the individual’s services outweighs the potential 

17 for a conflict of interest created by the financial 

18 interest involved. 

19 (h) FUNCTIONS.—The Council shall— 

20 (1) receive and review, according to procedures 

21 established under section 7(d)(1), applications for 

22 grants under subsections (b) and (c) of section 7; 

23 and 

24 (2) submit to the Secretary a list of rec25 ommended applications for such grants, consistent 

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1 with existing Federal ocean policy and criteria estab2 lished under this Act, and include— 

3 (A) a recommended priority order for 

4 funding such applications; 

5 (B) the amount of the grant each such ap6 plication should receive; and 

7 (C) any specific requirements, conditions, 

8 or limitations for such an application rec9 ommended for funding under this Act. 

10 (i) ADVISORY PANEL.—In reviewing applications for 

11 grants under subsections (b) and (c) of section 7, the 

12 Council shall establish an external review process through 

13 working groups or by other means, including consultation 

14 with persons representing— 

15 (1) a balanced and diverse range of ocean, 

16 coastal, and Great Lakes dependent industries; 

17 (2) a balanced and diverse range of regions; 

18 (3) nonprofit conservation organizations with a 

19 mission that includes the conservation and protec20 tion of living marine resources and their habitats; 

21 and 

22 (4) academic institutions with strong scientific 

23 or technical credentials and experience in marine 

24 science or policy. 

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1 (j) RELIANCE ON EXISTING FEDERAL INTERAGENCY

2 BODY.—Rather than establish a National Endowment for 

3 the Oceans Council, the Secretary may designate an exist4 ing Federal interagency body created to implement Fed5 eral ocean policy to perform the functions set forth in sec6 tion 8(h). 

7 SEC. 9. ANNUAL REPORT. 

8 (a) REQUIREMENT FOR ANNUAL REPORT.—Begin9 ning with fiscal year 2012, not later than 60 days after 

10 the end of each fiscal year, the Secretary shall submit a 

11 report on the operation of the Endowment during the fis12 cal year to the Committee on Commerce, Science, and 

13 Transportation of the Senate and the Committee on Nat14 ural Resources of the House of Representatives. 

15 (b) CONTENT.—Each annual report submitted under 

16 subsection (a) for a fiscal year shall include— 

17 (1) a statement of the amounts deposited in the 

18 Endowment and the balance remaining in the En19 dowment at the end of the fiscal year; 

20 (2) a description of the expenditures made from 

21 the Endowment for the fiscal year, including the 

22 purpose of the expenditures; and 

23 (3) recommendations for additional authority 

24 necessary to fulfill the purpose of the Endowment. 

Æ 

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